LANSING, Mich. (WLNS) – Experts agree todays US Supreme Court decision to overturn Roe v. Wade did not come as a surprise, but it’s leaving more unanswered questions that both the state and the Michigan Supreme Court will need to sort out.
“I think that it is going to take a while for people to understand the ramifications, and the impact that this opinion is going to have,” said Constitutional Law Professor at WMU Cooley Law School, Michael McDaniel.
He says first there needs to be clarification on prior abortion laws in Michigan.
“This 1931 law says that it is a felony, and it’s criminal behavior for anyone to have an abortion,” said McDaniel.
Experts at MSU who teach medical ethics say that law has few exceptions.
“It would be when the mother’s life is directly and imminently at stake otherwise there are no exceptions for rape or incest,” said Professor of Philosophy and Medical Ethics, Leonard Fleck. “There are no exceptions that are associated with the fact that a particular fetus may be very malformed.”
McDaniel says prior cases that have dealt with the right of privacy may poke holes in the law.
“Even looking at this law on it’s face there’s a question as to how the law could be applied and individuals could be prosecuted under that law but there’s a greater question and the greater question is whether or not this 1931 law is constitutional,” said McDaniel.
That will need to be cleared up by Michigan’s highest court.
“We really need the supreme court to tell us whether or not this recognition of this right of privacy and this thread of right to privacy called right of bodily integrity does apply in Michigan to a right of a women to choose whether or not to have surgery including to terminate an unwanted pregnancy,” said McDaniel.
